The right to a social name in health care with respect of minor transgender patients: The case Araya Astudillo v. Clínica Alemana

Almost five years after the enforcement of Law 20,584, which regulates the rights and duties in relation to health care, transgender people continue to see their rights in this matter violated, specifically the right to receive a decent treatment and be called by their name, as long as their social name is not respected nor has it been incorporated into their medical record. This article aims to establish the legal framework currently in force under which transgender people have the right to have their social name considered in health matters at a private clinic, even in the absence of an express rule, commenting specifically on a judgment of the Court of Appeals of Santiago issued on October 6, 2016 and subsequently ratified by the Supreme Court on November 14, under which this obligation is established with respect to a minor, right that cannot be conditioned to the legal procedure to rectify the birth certificate.